Got married while pending for F2B

[Holt 73]

On 2015, my mom who is green card holder applied for my single sister who is an Chinese Australian. The i-130 was approved by USCIS. However, she got married last year. 

As I know, we need to notify NVC that she is married. Here are my questions:

Before she got married, she would be placed on F2B category, but now my mom isn't able to petition her anymore. Should I wait until my mom naturalizes or I need to inform them that my sister got married then will her case be terminated ?

Edited October 6, 2017 by Holt

[aleful 1,905]

hi

 

her petition was voided, she doesn't have a petition anymore,

 

 

once your mom becomes a USC, she must start all over, and file another i130 with a new priority date, she must withdraw this petition and once she becomes a USC, start over.

 

the new petition will take from 12 to 14 years of waiting

 

has your mom filed for citizenship already?

[geowrian 22,337]

@aleful is right. The moment she married before your mom is a USC, she was no longer eligible for an immigrant visa under that petition. A new petition is needed, and she can only do that once the mother becomes a USC. The wait is quite long...

 

Anyway, to answer the question, you can she can notify NVC to have them cancel the petition. It cannot proceed anyway.

Edited October 6, 2017 by geowrian

[Diggi 0]

Hi! @aleful @geowrian

My case is similar, my parents are US citizens since 2015, they already applied for a i-130 (F3) as I'm married since 2012, I check the service center page a few times a year and the date currently shows like a 5 years delay (April 2012 processing now) , assuming people that filled petitions on April 2012 are getting process now... , but I noticed you are talking about a 12 - 14 years of waiting, love to know why is so much time.  

At an older post about a similar topic you gave a response about 7 years of waiting, so now is longer.  No lawyer says an exact number of years about this kind of cases, and in 1 year they went from processing March 2012 to April 2012, so 1 month in a whole year... California office is the slowest by far, Texas is almost to date. Love to hear your comments about all this. Do you know why is so long? why they keep sending papers to the office that is way behind. Greetings

[Penguin_ie 5,993]

@Diggi , current visa bulletin shows about twelve years to process, they are working on November 2005 now- not sure where you get April 2012 from,:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-november-2017.html

[Diggi 0]

Here is the official page I was indicated to check, government official page about citizenship and immigration, I choose the California service center and then this list displays:

https://egov.uscis.gov/cris/processTimesDisplayInit.do

 

 

To check processing times for your case, you will need to know:

• Which office is handling your case
• The type of form you filed, and
• The date we received your case

 

[aleful 1,905]

1 hour ago, Diggi said:

Here is the official page I was indicated to check, government official page about citizenship and immigration, I choose the California service center and then this list displays:

https://egov.uscis.gov/cris/processTimesDisplayInit.do

 

 

To check processing times for your case, you will need to know:

• Which office is handling your case
• The type of form you filed, and
• The date we received your case

 

so your i130 hasn't been approved yet? the CSC has to do with the i130, the first form. once approved it will be sent to the NVC or National Visa Center, will it will wait for more years until they contact the petitioner for further processing

[Diggi 0]

@aleful  If you mean approved that the petitioner received the letter said that the case had been approve with that receipt number, yes he received the approved letter, but I was wondering why the times are so different from the page I showed and the one the other person says. So the times I shared above are for what specifically?

 

[aleful 1,905]

because you are looking at the wrong bulletin

 

the visa centers are for processing forms, once the i130 is approved, that's not the bulletin you need to look at

 

there are processing times for the different forms, the i130 spousal and family petitions, hardship waivers, and mostly forms for those adjusting status in the US

 

from now on you need to check the visa bulletin to see when there will be a visa available for your category, which is F3, married child of a USC

 

this is the visa bulletin you should be checking every month

 

https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

 

and this is the link for November's visa bulletin, check category F3

 

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-november-2017.html

Edited October 21, 2017 by aleful

[Diggi 0]

Hi, ok, so is like 5 years for the California Office (only shows the forms only)  to approve or not each form? , and then... wait 7 years more or so for the National visa center to have a visa available to complete the whole process?  total = around 12 plus

Is that correct?